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  1.  6
    Human Rights, Ownership, and the Individual.Rowan Cruft - 2019 - New York, NY: Oxford University Press.
    Is it defensible to use the concept of a right? Can we justify this concept's central place in modern moral and legal thinking, or does it unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft brings together a new account of the concept of a right. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive role for the concept: it is appropriate to our thinking about fundamental moral duties springing from the good of the (...)
  2. XI—Why is it Disrespectful to Violate Rights?Rowan Cruft - 2013 - Proceedings of the Aristotelian Society 113 (2pt2):201-224.
    ABSTRACTViolating a person's rights is disrespectful to that person. This is because it is disrespectful to someone to violate duties owed to that person. I call these ‘directed duties’; they are the flipside of rights. The aim of this paper is to consider why directed duties and respect are linked, and to highlight a puzzle about this linkage, a puzzle arising from the fact that many directed duties are justified independently of whether they do anything for those to whom they (...)
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  3. The Philosophical Foundations of Human Rights: An Overview.Rowan Cruft, S. Matthew Liao & Massimo Renzo - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, UK: Oxford University Press. pp. 1-44.
    The introduction introduces the history of the concept of human rights and its philosophical genealogy. It raises questions of the nature of human rights, the grounds of human rights, difference between proposed and actual human rights, and scepticism surrounding the very idea of human rights. In the course of this discussion, it concludes that the diversity of positions on human rights is a sign of the intellectual, cultural, and political fertility of the notion of human rights. The chapter concludes with (...)
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  4. Rights: Beyond interest theory and will theory? [REVIEW]Rowan Cruft - 2004 - Law and Philosophy 23 (4):347 - 397.
    It is common for philosophers and legal theorists to bemoan the proliferation of the language of rights in popular discourse.1 In a wide range of contemporary public political and ethical debates, disputants are quick to appeal to the existence of rights that support their position – the ‘human rights’ of innocent victims of war, animals’ noninterference rights, individuals’ and businesses’ rights to economic freedom. It is often maintained, with some plausibility, that these public disputes involve hasty and undefended reliance on (...)
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  5.  84
    Human Rights and Positive Duties.Rowan Cruft - 2005 - Ethics and International Affairs 19 (1):29-37.
    InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a just or benevolent person (...)
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  6. Against individualistic justifications of property rights.Rowan Cruft - 2006 - Utilitas 18 (2):154-172.
    In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.
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  7.  52
    Journalism and Press Freedom as Human Rights.Rowan Cruft - 2021 - Journal of Applied Philosophy 39 (3):359-376.
    Journal of Applied Philosophy, EarlyView.
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  8. On the Non-instrumental Value of Basic Rights.Rowan Cruft - 2010 - Journal of Moral Philosophy 7 (4):441-461.
    Basic rights are often of great instrumental value in securing protection for important human needs and interests. The first two sections of this paper defend the thesis that basic rights are also valuable independently of their instrumental role. Taking my cue from Frances Kamm's suggestion that basic rights reflect or express human worth, in the third, fourth and fifth sections I develop the proposal that the non-instrumental value of basic rights derives from their constitutive role in a universal form of (...)
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  9.  53
    Philosophical Foundations of Human Rights.Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.) - 2015 - Oxford, United Kingdom: Oxford University Press UK.
    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives (...)
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  10. Why aren't duties rights&quest.Rowan Cruft - 2006 - Philosophical Quarterly 56 (223):175-192.
    I do not answer my title’s question in this paper. Instead, my aims are first to show that the question is worth asking, secondly to show that its answer will not be trivial, and thirdly to show that it is unclear what the answer is. From these three conclusions it follows that many contemporary Hohfeldian approaches to the conceptual analysis of rights (including those of Sumner, Jones, Kramer, Wenar and myself)1, while potentially capable of extensional accuracy, overlook an essential but (...)
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  11.  9
    Introduction.Rowan Cruft - 2013 - Ethics 123 (2):195-201.
  12. Rethinking the Post-Truth Polarisation Narrative: Social Roles and Hinge Commitments in the PluralPublic Sphere.Natalie Alana Ashton & Rowan Cruft - 2021 - The Political Quarterly 4 (92):598-605.
    This article critically evaluates what we call the ‘popular narrative’ about the state of the public sphere. We identify three elements of this popular narrative (the post-truth element, the polarisation element and the new technology element), and draw on philosophical work on hinge epistemology and social roles to challenge each one. We propose, instead, that public debate has always depended on non-evidential commitments, that it has always been home to significant, deep division, and that social media, rather than causing these (...)
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  13.  10
    Moral powers and the moral community: Comment on Richardson.Rowan Cruft - 2023 - Philosophy and Phenomenological Research 106 (1):237-244.
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  14.  45
    Crime, punishment, and responsibility: the jurisprudence of Antony Duff.Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.) - 2011 - New York: Oxford University Press.
    This volume collects essays by leading criminal law theorists to explore the principal themes in his work.
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  15. On the non-instrumental value of basic rights.Rowan Cruft - 2013 - In Thom Brooks (ed.), Law and Legal Theory. Brill.
     
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  16. Against Individualistic Justifications of Property Rights.Rowan Cruft - 2006 - Utilitas 18 (2):154-172.
    In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.
     
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  17. Antony Duff and the Philosophy of Punishment.Mark R. Reiff & Rowan Cruft - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press.
     
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  18.  88
    Human Rights as Rights.Rowan Cruft - unknown
    This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of rights and rights' dynamic quality give (...)
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  19.  24
    On Rights, Human Rights, and Property: A Response.Rowan Cruft - 2021 - Journal of Applied Philosophy 39 (2):220-232.
    Journal of Applied Philosophy, EarlyView.
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  20. Two approaches to human rights. [REVIEW]Rowan Cruft - 2010 - Philosophical Quarterly 60 (238):176-182.
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  21. From a good life to human rights : some complications.Rowan Cruft - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford University Press UK.
     
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  22. Human rights, human agency and respect : extending Griffin's view.Rowan Cruft - 2014 - In Roger Crisp (ed.), Griffin on Human Rights. Oxford University Press.
     
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  23. The circularity of the interest and will therories of rights.Rowan Cruft - 2017 - In Mark McBride (ed.), New Essays on the Nature of Rights. Hart.
     
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  24.  50
    Against equality of opportunity.Rowan Cruft - 2005 - Philosophical Books 46 (1):59-65.
  25.  34
    Are Property Rights Ever Basic Human Rights?Rowan Cruft - unknown
    Stealing from someone is not as bad as torturing, killing or raping them. But is the difference between theft and these fundamental violations simply a difference in degree (of severity)? I begin this article by outlining several ways in which the moral grounds for property rights differ in kind from those for basic human rights, differences that underpin and explain the difference in severity. I go on to ask whether, despite these differences, there might be some property rights that we (...)
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  26.  27
    Introduction (Symposium on the Human Right to Subsistence).Rowan Cruft & Maksymilian Del Mar - 2013 - Journal of Applied Philosophy 30 (1):53-56.
  27.  45
    Kamm and Miller on Rights' Compatibility.Rowan Cruft - 2010 - Ethical Theory and Moral Practice 13 (4):393 - 401.
    In their recent books, National Responsibility and Global Justice (2007) and Intricate Ethics (2007), David Miller and Frances Kamm give two similar arguments aimed at preventing their favoured accounts of the moral justification of rights from justifying an excess of demanding assistance rights. Both arguments appeal to the fact that a proliferation of assistance rights would conflict with other rights. In this paper, I show that these arguments fail. As Miller recognises in a footnote, the failure of such arguments appears (...)
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  28.  24
    Human Rights Law Without Natural Moral Rights.Rowan Cruft - 2015 - Ethics and International Affairs 29 (2):223-232.
    In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support of it on moral (...)
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  29. Human Rights, Individualism and Cultural Diversity.Rowan Cruft - 2005 - Critical Review of International Social and Political Philosophy 8 (3):265-287.
    Abstract Two features of human?rights discourse are often targeted for criticism: its universalism and its individualism. Both features, it is usually claimed, illegitimately overlook the significance of cultural diversity. In this essay I argue that individualism is incompatible with universalism and compatible with cultural diversity. Thus I defend the view that human rights are individualistically justified, and I argue that it follows from this that human rights are in an important sense non?universal. I go on to show how my non?universalist (...)
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  30.  25
    Liberalism and the Changing Character of the Criminal Law: Response to Ashworth and Zedner. [REVIEW]Rowan Cruft - 2008 - Criminal Law and Philosophy 2 (1):59-65.
  31.  12
    Kamm and Miller on Rights’ Compatibility.Rowan Cruft - 2010 - Ethical Theory and Moral Practice 13 (4):393-401.
    In their recent books, National Responsibility and Global Justice and Intricate Ethics, David Miller and Frances Kamm give two similar arguments aimed at preventing their favoured accounts of the moral justification of rights from justifying an excess of demanding assistance rights. Both arguments appeal to the fact that a proliferation of assistance rights would conflict with other rights. In this paper, I show that these arguments fail. As Miller recognises in a footnote, the failure of such arguments appears to support (...)
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